D.Sunil Kumar v. The Superintendent Of Police

H.C.P.(MD)No.1364 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD)No.1364 of 2021 D.Sunil Kumar ...Petitioner/Husband of detenue vs.

1.The Superintendent of Police, Kanyakumari District, at Nagercoil.

2.The Inspector of Police, Kollancode Police Station, Kanyakumari District.

3.Rethinam

...Respondents

PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, seeking for a direction to the official respondents to produce the corpus or body of the petitioner's wife namely Selin Mary, aged 25 years, before this Court by rescuing her from the illegal custody of the 3rd respondent and set her at liberty.

For Petitioner :

Mr.Ananth C Rajesh For R1 & R2 :

Mr.S. Ravi Additional Public Prosecutor

O R D E R

(Order of the Court was made by V.BHARATHIDASAN, J.) Alleging that the petitioner's wife, by name, Seline Mary, aged about 25 years, found missing, the petitioner has given a complaint before the 2nd respondent Police. Since no action has been taken to secure the detenue, the present Habeas Corpus Petition has been filed.

2. Mr.S.Ravi, the learned Additional Public Prosecutor appearing for the State, on instructions, would submit that earlier, the sister of the detenue one Rosemary has filed Habeas Corpus Petition with similar prayer in H.C.P(MD)No.419 of 2021 and this https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD)No.1364 of 2021 Court, by order dated 03.08.2021 disposed the Habeas Corpus Petition, directing the 2nd respondent Police to conduct investigation and secure the detenue and on securing the detenue, directed the respondent police to produce the detenue before the concerned Judicial Magistrate. Now, once again the husband came with a similar prayer. He has also produced a copy of the order, dated 03.08.2021.

3. Considering the fact that already this Court passed an order directing the 2nd respondent to secure the detenue and produce before the concerned Judicial Magistrate, no further order is required in this Habeas Corpus Petition. Hence, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) mpk Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Superintendent of Police, Kanyakumari District, at Nagercoil.

2.The Inspector of Police, Kollancode Police Station, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

H.C.P.(MD)No.1364 of 2021 30.09.2021 NA(CO) KB(20.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2